You are here: / / REQUEST FOR DNA PATERNITY TEST PROPERLY DENIED, NOT IN THE CHILD’S...

REQUEST FOR DNA PATERNITY TEST PROPERLY DENIED, NOT IN THE CHILD’S BEST INTEREST.

The First Department determined it was in the child’s best interest to deny respondent’s request for a DNA paternity test:

Family Court properly determined that it is in the child’s best interest to equitably estop respondent from having a DNA test to establish paternity (see Family Ct Act § 532[a]). Clear and convincing evidence demonstrates that respondent held himself out as the father of the child and that the now 10-year-old child considers respondent to be his father … . The child lived with respondent, his mother and siblings for about two years, calls respondent “dad” and spends time with him on birthdays and holidays, including Father’s Day. Respondent introduced the child to his family and friends as his son, and allowed the child to spend time and develop relationships with his family. Issues of credibility were for Family Court to resolve and its determination to credit the testimony of the mother and the child and to reject that of respondent is supported by the record … . Matter of Commissioner of Social Servs. v Dwayne W., 2017 NY Slip Op 00595, 1st Dept 1-31-17

FAMILY LAW (REQUEST FOR DNA PATERNITY TEST PROPERLY DENIED, NOT IN THE CHILD’S BEST INTEREST)/PATERNITY (REQUEST FOR DNA PATERNITY TEST PROPERLY DENIED, NOT IN THE CHILD’S BEST INTEREST)/DNA (FAMILY LAW, PATERNITY, REQUEST FOR DNA PATERNITY TEST PROPERLY DENIED, NOT IN THE CHILD’S BEST INTEREST)/

/by
You might also like
DEFENDANT WAS NOT PRESENT AT AN OFF-THE-RECORD DISCUSSION OF THE ADMISSIBILITY OF PRIOR UNCHARGED OFFENSES; DEFENDANT WAS THEREFORE DEPRIVED OF HIS RIGHT TO BE PRESENT AT A MATERIAL STAGE OF HIS TRIAL.
THE BUILDING MANAGING AGENT, WHO HIRED PEREZ, THE BUILDING SUPERINTENDENT, WAS NOT OBLIGATED TO DETERMINE WHETHER PEREZ, A REGISTERED SEX OFFENDER, HAD A CRIMINAL RECORD; THE BUILDING OWNER AND MANAGING AGENT, THEREFORE, WERE NOT LIABLE UNDER A NEGLIGENT HIRING AND RETENTION THEORY OR A RESPONDEAT SUPERIOR THEORY FOR PEREZ’S SEXUAL ASSAULT ON INFANT PLAINTIFF (FIRST DEPT).
HOMEOWNER’S EXCEPTION TO LABOR LAW 240 (1) LIABILITY APPLIED, DEFENDANTS DEMONSTRATED FREEDOM FROM FAULT UNDER LABOR LAW 200.
Growling and Baring Teeth Insufficient to Raise Question of Fact About a Dog’s Vicious Propensities
ALTHOUGH CPLR 2104 DOES NOT APPLY TO STIPULATIONS IN ADMINISTRATIVE PROCEEDINGS, THE STIPULATION SIGNED BY PLAINTIFF, IN WHICH HE AGREED TO RETIRE IN RETURN FOR THE CESSATION OF DISCIPLINARY PROCEEDINGS, WAS ENFORCEABLE UNDER CONTRACT PRINCIPLES DESPITE PLAINTIFF’S SUBSEQUENT CHANGE OF HEART (FIRST DEPT).
THE FRAUD CAUSE OF ACTION SHOULD NOT HAVE BEEN DISMISSED BECAUSE IT WAS NOT DUPLICATIVE OF THE BREACH OF CONTRACT CAUSE OF ACTION; CRITERIA EXPLAINED (FIRST DEPT).
Lease Which Purported to Deregulate Rent-Controlled Apartment Is Void As Against Public Policy
LEASE WITH PLAINTIFF’S EMPLOYER DID NOT REQUIRE LANDLORD TO MAINTAIN THE YARD OUTSIDE THE BUILDING, PLAINTIFF WAS INJURED WHEN HE STEPPED INTO A HOLE DUG BY PLAINTIFF’S EMPLOYER IN THE YARD, LANDLORD’S MOTION FOR SUMMARY JUDGMENT PROPERLY GRANTED (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

Copyright © 2023 New York Appellate Digest, LLC
Site by CurlyHost | Privacy Policy

A MOVING CAR IS A PLACE WHERE THE VICTIM IS NOT LIKELY TO BE FOUND WITHIN THE... QUESTION OF FACT WHETHER OPTICAL CONFUSION OBSCURED A STEP, DEFENDANT’S...